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Customs and Excise Act 2018

Entry and exit of goods, persons, and craft - Customs places and Customs-controlled areas - Customs-controlled areas

59: Chief executive must determine application

You could also call this:

"The boss of Customs decides who can have a special licence for a customs-controlled area."

Illustration for Customs and Excise Act 2018

The chief executive has to decide on an application for a customs-controlled area. You can think of a customs-controlled area as a special place where certain rules apply. The chief executive can grant a licence for the area, refuse the application, or give a direction under section 62. The chief executive will only grant a licence if they think the person applying is suitable to have one. The chief executive has to tell the person who applied what they decided, in writing.

If you apply for a licence and are not happy with the chief executive's decision, you can appeal to a Customs Appeal Authority within 20 working days. You can do this if the chief executive refuses your application or makes a decision you do not agree with. The chief executive's decision can be appealed against, and you will be told how to do this when you are notified of the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039264.

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58: Chief executive may request further information, or

"The boss can ask for more details about your application at any time."

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60: Fit and proper person test, or

"Checking if you're a trustworthy person to work with customs"

Part 3Entry and exit of goods, persons, and craft
Customs places and Customs-controlled areas: Customs-controlled areas

59Chief executive must determine application

  1. The chief executive must determine an application by—

  2. granting a licence for the area; or
    1. refusing the application; or
      1. giving a direction under section 62.

        1. The chief executive must not grant a licence for the area unless the chief executive is satisfied that the applicant is a fit and proper person to be granted a licence for the area.

        2. Subsection (2) does not limit the chief executive’s discretion to decide on other grounds not to grant a licence.

        3. The chief executive must notify an applicant in writing of any decision made by the chief executive under this section.

        4. An applicant who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.

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